Section 39 BSA: Opinions of experts
Bharatiya Sakshya Adhiniyam, 2023
Section 39 BSA at a Glance
Section 39 BSA deals with opinions of experts. It replaced Sections 45 and 45A IEA on 1 July 2024.
Section 39 BSA Bare Act Text
(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts.
Illustrations.(a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.
Explanation.For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
Source: Section 39, Bharatiya Sakshya Adhiniyam, 2023
Section 39 BSA in Simple Words
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, lets a court consider expert opinions as relevant facts (facts a party can present to help decide an issue).
Under Section 39(1) BSA, the court may need an opinion on foreign law, science, art, identifying handwriting, matching finger impressions, or any other field. People with special skill in those subjects are called experts, and their opinions are relevant.
The illustrations show how this works. In a suspected poisoning death, a specialist can state what symptoms that poison causes. When mental capacity during an act is disputed, an expert can address unsoundness of mind (a mental condition stopping someone from understanding an act or knowing it is wrong or unlawful). For disputed writing, an expert can compare it with a sample proved or accepted as written by that person and state whether the same writer wrote both.
Under Section 39(2) BSA, when a proceeding involves data kept or sent in a computer or digital form, the court can rely on the Examiner of Electronic Evidence mentioned in section 79A of the Information Technology Act, 2000. That examiner is treated as an expert, and the opinion of the examiner on the digital matter is a relevant fact.
When Section 39 BSA Applies
- The court has to form an opinion on foreign law, science, art, handwriting identity, finger impressions, or any other field.
- A person with special skill in that field gives an opinion on the point as an expert.
- In a proceeding, the court has to form an opinion on information sent or kept in a computer resource or another electronic or digital form.
- The Examiner of Electronic Evidence mentioned in section 79A of the Information Technology Act, 2000 gives an opinion on that electronic or digital matter.
Example of Section 39 BSA
Section 39 BSA in the IEA (Previous Law)
Section 39 BSA replaced Sections 45 and 45A IEA from 1 July 2024.
Section 45 of the Indian Evidence Act, 1872 became Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Or any other field" was added, so experts are no longer limited to foreign law, science, art, handwriting and finger impressions. IEA Section 45A is now sub-section (2).
- Section 39(1) BSA came from Section 45 IEA.
- Section 39(2) BSA came from Section 45A IEA.
FAQs on Section 39 BSA
What is Section 39 BSA?▼
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinions of experts relevant facts when a court has to decide questions of foreign law, science, art, handwriting, finger impressions, or any other field. It also makes the opinion of the Examiner of Electronic Evidence relevant on matters involving electronic or digital information.
Does Section 39(2) BSA treat the Examiner of Electronic Evidence as an expert?▼
Yes. The explanation to Section 39(2) BSA states that an Examiner of Electronic Evidence under section 79A of the Information Technology Act, 2000 is an expert for that sub-section.
Can an expert opinion be given on the mental state of a person under Section 39(1) BSA?▼
Yes. When the court must decide whether unsoundness of mind stopped a person from knowing the nature of an act or that it was wrong or unlawful, the opinion of an expert on those symptoms is relevant.
What is Section 39 BSA in IEA?▼
Section 45 IEA and Section 45A IEA. Section 45 IEA became Section 39(1) BSA on 1 July 2024, with the phrase or any other field added to the list of subjects for expert opinions. Section 45A IEA on the Examiner of Electronic Evidence became Section 39(2) BSA.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·